Ordinance

ORDINANCE NO. 6005 
 
AN ORDINANCE AMENDING SECTION 11-3-2, OFFICIAL ZONING 
DISTRICT MAP AND DISTRICT BOUNDARIES, OF THE MESA CITY 
CODE, CHANGING THE ZONING OF CERTAIN PROPERTY 
DESCRIBED IN ZONING CASE ZON25-00774. LOCATED AT THE 
NORTHWEST CORNER OF EAST RAY ROAD AND SOUTH 71ST 
STREET. (2.4± ACRES). MAJOR SITE PLAN MODIFICATION AND 
AMENDING CONDITIONS OF APPROVAL NO. 1 AND NO. 2 OF 
ORDINANCE NO. 5699. THIS REQUEST WILL ALLOW FOR A 
26,000± SQUARE FOOT INDUSTRIAL BUILDING AND PROVIDING 
PENALTIES FOR THE VIOLATION THEREOF. 
 
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MESA, MARICOPA COUNTY, 
ARIZONA, AS FOLLOWS: 
 
Section 1: That Section 11-3-2, Official Zoning Map and District Boundaries, of the Mesa Zoning 
Ordinance is hereby amended by adopting the Official Supplementary Zoning Map for Zoning Case 
ZON25-00774 signed by the Mayor and City Clerk, which accompanies and is annexed to this ordinance 
and declared a part hereof. 
 
Section 2: The Official Supplementary Zoning Map attached hereto is adopted subject to compliance 
with the following conditions: 
 
1. Compliance with the final site plan as submitted.  
2. Compliance with all requirements of Design Review Case No. DRB25-00765.  
3. Compliance with all conditions of approval of Ordinance No. 5699 except for conditions of 
approval No. 1 and No. 2 (Case No. ZON21-00356).  
4. Compliance with all applicable City development codes and regulations.  
5. Installation of all off-site improvements and street frontage landscaping during the first phase 
of construction.  
6. Compliance with all requirements of Chapter 19 of the Zoning Ordinance including:  
a) Owner must execute the City’s standard Avigation Easement and Release for Mesa 
Gateway Airport prior to or concurrently with the recordation of the final subdivision 
map or the issuance of a building permit, whichever occurs first.  
b) Due to the proximity to Mesa Gateway Airport, any proposed permanent or temporary 
structure, as required by the FAA, is subject to an FAA filing for review in 
conformance with CFR Title 14 Part 77 (Form 7460) to determine any effect to 
navigable airspace and air navigation facilities. A completed form with a response by 
the FAA must accompany any building permit application for structure(s) on the 
property.  
c) Prior to the issuance of any building permit, provide documentation by a registered 
professional engineer or registered professional architect demonstrating compliance 
with the noise level reductions required in Section 11-19-5 of the Mesa Zoning 
Ordinance.  
d) Provide written notice to future property owners that the project is within 1 mile of 
Mesa Gateway Airport.

e) All Final Plats must include a disclosure notice in accordance with Section 11-19-5(C) 
of the Zoning Ordinance which must state in part: “This property, due to its proximity 
to the Mesa Gateway Airport, will experience aircraft overflights, which are expected to 
generate noise levels that may be of concern to some individuals.”  
 
Section 3: PENALTY.  
CIVIL PENALTIES: 
 
A. Any owner, occupant or responsible party who is found responsible for a civil violation of this 
Ordinance, whether by admission, default, or after a hearing, shall pay a civil sanction of not less 
than $150 or more than $1,500, per citation. A second finding of responsibility within 24 months of 
the commission of a prior violation of this Ordinance shall result in a civil sanction of not less than 
$250 or more than $2,500. A third finding of responsibility within 36 months of the commission of 
a prior violation of this Ordinance shall result in a civil sanction of not less than $500 or more than 
$2,500. In addition to the civil sanction, the responsible party shall pay the applicable fees and 
charges set forth in the City’s Development and Sustainability Department (Code Compliance) 
Schedule of Fees and Charges, and may be ordered to pay any other applicable fees and charges. 
 
B. The 36 month provision described above of this Section shall be calculated by the dates the 
violations were committed. The owner, occupant, or responsible party shall receive the enhanced 
sanction upon a finding of responsibility for any violation of this Chapter that was committed within 
36 months of the commission of another violation for which the owner or responsible party was 
convicted or was otherwise found responsible, irrespective of the order in which the violations 
occurred or whether the prior violation was civil or criminal.  
 
C. Each day in which a violation of this Ordinance continues, or the failure to perform any act or duty 
required by this Ordinance or by the Civil Hearing Officer continues, shall constitute a separate civil 
offense. 
 
HABITUAL OFFENDER: 
 
A. A person who commits a violation of this Ordinance after previously having been found responsible 
for committing three (3) or more civil violations of this Ordinance within a twenty-four (24) month 
period – whether by admission, by payment of the fine, by default, or by judgment after hearing – 
shall be guilty of a class 1 criminal misdemeanor.  The Mesa City Prosecutor is authorized to file a 
class 1 criminal misdemeanor complaint in the Mesa City Court against habitual offenders.  For 
purposes of calculating the twenty-four (24) month period under this Subsection, the dates of the 
commission of the offenses are the determining factor. 
 
B. Upon conviction of a violation of this Section, the Court may impose a sentence of incarceration not 
to exceed six (6) months in jail; or a fine not to exceed two thousand five hundred dollars ($2,500.00), 
exclusive of penalty assessments prescribed by law; or both such fine and imprisonment.  The Court 
shall order a person who has been convicted of a violation of this Section to pay a fine of not less 
than five hundred dollars ($500.00) for each count upon which a conviction has been obtained.  A 
judge shall not grant probation to or suspend any part or all of the imposition or execution of a 
sentence required by this Subsection except on the condition that the person pay the mandatory 
minimum fines as provided in this paragraph.

C. Every action or proceeding under this Section shall be commenced and prosecuted in accordance 
with the laws of the State of Arizona relating to criminal misdemeanors and the Arizona Rules of 
Criminal Procedure. 
 
PASSED AND ADOPTED by the City Council of the City of Mesa, Maricopa County, Arizona, this 6th 
day of April, 2026. 
 
 
 
____________________________________ 
Mayor 
 
ATTEST: 
 
 
__________________________________ 
City Clerk